The Hospitals Contribution Fund of Australia Ltd T/A HCF

[2018] FWCA 7649

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Hospitals Contribution Fund of Australia Ltd T/A HCF

(AG2018/5084)

HCF ENTERPRISE AGREEMENT JULY 2018

Banking finance and insurance industry
COMMISSIONER MCKENNA	SYDNEY, 17 DECEMBER 2018

Application for approval of the HCF Enterprise Agreement July 2018.

An application has been made for the approval of an enterprise agreement known as the HCF Enterprise Agreement July 2018 (“the Agreement”). The application was made by The Hospitals Contribution Fund of Australia Ltd T/A HCF (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

I am satisfied that the relevant requirements of ss.186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the applicant addressing miscellaneous matters. The views of all employee bargaining representatives were sought in relation to the undertakings and one such employee bargaining representative conveyed certain views, which I have considered. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that the undertakings are taken to be a term of the Agreement.

The NSW Local Government, Clerical, Administrative, Energy, Airlines and Utilities Branch of the Australian Municipal, Administrative, Clerical and Services Union has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Annexure A
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court, the Hospitals Contribution Fund of Australia Ltd, trading as HCF, applied for the approval of the HCF Enterprise Agreement July 2018. The dispute arose as part of the formal process under the Fair Work Act 2009 for approving enterprise agreements. The agreement had been negotiated between HCF and the Health Services Union of Australia, representing the employees, and the application was subject to scrutiny by the court to ensure compliance with the statutory requirements and fairness obligations.

The court was tasked with determining whether the agreement met the criteria for approval under section 231 of the Act. This involved examining the agreement to ensure it was a genuine bargain, that it was free from any improper conduct, and that it complied with the provisions of the Act, including the Fair Work (Registered Organisations) Act 2009 and the Fair Work Regulations 2009. The court also needed to consider if the agreement provided for appropriate dispute resolution mechanisms and if it included minimum terms and conditions of employment.

After reviewing the submissions and evidence from both parties, the court found that the agreement was a genuine bargain, free from any procedural flaws or improper conduct. It was determined that the agreement met the statutory requirements and did not contain any provisions that were contrary to public policy. The court concluded that the agreement was fair and appropriate, taking into account the bargaining positions of the parties and the nature of the employment relationship. The court approved the HCF Enterprise Agreement July 2018, thereby resolving the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established